SUB-2017-0003_APP-2017-0002 FINAL signed SPOKANE VALLEY HEARING EXAMINER
Preliminary Plat of The Meadows at Plante's Ferry )
Subdivision, in the R-3 Zoning District, and SEPA )
Appeal of Determination of Nonsignificance ) FINDINGS OF FACT,
) CONCLUSIONS OF LAW,
Applicant: Brian Holecek ) AND DECISION
File Nos. SUB-2017-0003 and APP-2017-0002 )
)
I. SUMMARY OF DECISION:
Hearing Matter: Application for a preliminary plat, in the R-3 zoning district.
Summary of Decision: Approved, subject to conditions.The preliminary plat,as conditioned,will expire
on October 6, 2022,unless a time extension application is timely submitted prior to such expiration date.
II. FINDINGS OF FACT:
1. On June 6, 2017, the Hearing Examiner entered Findings of Fact, Conclusions of Law, and Order to
Reopen Hearing and Record ("Order") in the above-referenced file; to reopen the public hearing
conducted by the Examiner on April 27, 2017, require the preparation of a traffic impact analysis
(TIA) and revised transportation concurrency review, and accept additional evidence.
2. Findings of Fact #s 1-111 and 113-120, on pages 1-21 of the Order, are hereby adopted and
incorporated by reference herein as findings of fact; except as revised below.
3. On June 7, 2017, a copy of the Order was mailed by first class (regular) mail to the applicant, Brett
Holecek, and other parties of record for the April 27, 2017 hearing session. See certificate of mailing
dated June 7, 2017, and attached mailing list, in file.
4. On July 25, 2017,the Hearing Examiner provided written notice of a continued hearing to be held on
the application on August 10, 2017, to the applicant and other parties or record.
5. The hearing notice advised that the application file contained new traffic information that could be
accessed through the Spokane Valley Community &Public Works Department ("Department"). See
notice letter from Michael Dempsey to parties of record dated July 25, 2017.
6. On August 10, 2017, the Hearing Examiner conducted a continued hearing on the application, which
focused on the new traffic information in the file and related transportation issues.
7. The following persons testified at the August 10,2017 hearing session,under an oath administered by
the Hearing Examiner:
Marty Palaniuk Ray Wright
City Community Development Department City Public Works Department
11707 E Sprague Avenue, Suite 106 11707 E Sprague Avenue, Suite 106
Spokane Valley WA 99206 Spokane Valley WA 99206
Findings, Conclusions and Decision File No. SUB-2017-0003 and APP-2017-0002 Page 1
Ann Winkler, P.E. Pam Baynes
Sunburst Engineering 4820 N Keller Road
4310 S Ball Road Spokane Valley WA 99216
Veradale WA 99037
Joseph Blotzke Sheryl Moore
5214 N Keller Road 5218 N Keller Road
Spokane Valley WA 99216 Spokane Valley WA 99216
Gregory McLain Brett Sullivan, Attorney at Law
5218 N Keller Road 827 W First Avenue, Suite 425
Spokane Valley WA 99216 Spokane WA 99201
Christine Dunham
5323 N Keller Road
Spokane Valley WA 99216
8. Exhibits 1-16 listed below are attachments to the Staff Report prepared by the Department for the
April 27, 2017 hearing session. Exhibits 17-25 listed below were admitted into the record at the
April 27, 2017 hearing session. Exhibit 26 listed below was admitted at the August 10, 2017 hearing
session:
• Exhibit 1: Vicinity Map
• Exhibit 2: Zoning Map
• Exhibit 3: Comprehensive Plan Map
• Exhibit 4: Aerial Map
• Exhibit 5: Application Submittal
• Exhibit 6: Preliminary Plat Map of Record
• Exhibit 7: Determination of Completeness
• Exhibit 8: Notice of Application Materials
• Exhibit 9: SEPA Determination
• Exhibit 10: SEPA Checklist
• Exhibit 11: Trip Generation& Distribution Letter
• Exhibit 12: Notice of Public Hearing Materials
• Exhibit 13: Public Comments
• Exhibit 14: Agency Comments
• Exhibit 15: Boundary Line Adjustment in File No. BLA-2016-0034
• Exhibit 16: DNS Appeal in File No. APP-2017-0002
• Exhibit 17: Staff PowerPoint presentation
• Exhibit 18: Letter to Mike Dempsey from John&Pat Phelan, dated 4-21-17
• Exhibit 19: Hearing Examiner Decision in File No. SUB-2014-0002 (Mathis Addition)
• Exhibit 20: Certificate of Transportation Concurrency in File No. SUB-01-10(Roth Addition),
dated 3-30-11
• Exhibit 21: Letter to Mike Dempsey from Melvin & Christine Dunham regarding SEPA
Checklist comments, dated 4-12-17
Findings, Conclusions and Decision File No. SUB-2017-0003 and APP-2017-0002 Page 2
• Exhibit 22: Letter to Mike Dempsey from Melvin& Christine Dunham, dated 4-12-17
• Exhibit 23: Trip Distribution Letter for Roth Addition, dated 7-20-10
• Exhibit 24: Preliminary Subdivision Application,Part III—Certification by Spokane Regional
Health District, dated 6-19-12
• Exhibit 25: Letter to Mike Dempsey from Kikue Blotzke, dated 4-25-17
• Exhibit 26: Two (2)hand-drawn redesigns of preliminary plat map
9. Exhibits 1-16 are documents attached to the Staff Report. Exhibits 17 and 20 were submitted by the
Department. Exhibit 19 was submitted by the Hearing Examiner. Exhibits 18, 21, and 22 were
submitted by Christine Dunham. Exhibits 23 and 24 were submitted by Sheryl Moore. Exhibit 25 was
submitted by Kikue Blotzke. Exhibit 26 was submitted by Gregory McLain.
10. The Hearing Examiner takes notice of the City Comprehensive Plan, the SVMC, other applicable
development regulations, and prior land use decisions for the site and neighboring land.
11. The record for the application includes the electronic recording of the April 27, 2017 and August 10,
2017 public hearing sessions, by Hearing Examiner staff; the documents in the application file at the
time of the August 10, 2017 hearing session, including the Staff Report and attached Exhibits 1-16;
Exhibits 17-26;the sign-in sheets for the hearing sessions;and the items taken notice of by the Hearing
Examiner at the hearing sessions or in this decision.
12. On June 13,2017, Ray Wright, the City Senior Traffic Engineer conducted a scoping meeting for the
project, by telephone, with Ann Winkler, P.E., of Sunburst Engineering, P.S., a professional traffic
engineering consultant retained by the applicant; pursuant to Section 3.3.2 of the City's 2009 Street
Standards.
13. Ray Wright required Ann Winkler to submit a transportation impact analysis (TIA) that evaluated the
level of service (LOS) generated by the project at the intersections of McDonald Road/Wellesley
Avenue and Evergreen Road/Wellesley Avenue during the PM peak hour five (5) years in the future,
in 2022;using a background traffic growth of 1.5%per year,traffic counts obtained during any given
average weekday, and trip generation based on the Trip Generation Manual, 96 Edition published by
the Institute of Transportation Engineers.
14. The intersections of McDonald/Wellesley and Evergreen/Wellesley were selected because they would
receive more traffic from the project than other intersections in the vicinity, such as Keller/Wellesley
and Mayhew/Wellesley; and if the LOS was acceptable at the studied intersections,the LOS would be
acceptable at the other intersections impacted by the project. Refer to testimony of Ann Winkler.
15. The scoping process considered that the LOS standards for transportation concurrency set forth for
City street intersections in the Comprehensive Plan are based on the peak hour, and traffic volumes
are typically highest for development during the weekday PM peak hour, i.e. 4:00 p.m. to 6:00 p.m.
See Findings of Fact#s 66-73 of Order.
16. On June 22,2017,Ann Winkler completed a TIA for the preliminary plat application, also referred to
below as the "project". The TIA conservatively assumed that all five (5) lots in the preliminary plat
that are large enough to be developed as duplexes, i.e. at least 10,000 square feet in size, would be
developed as duplexes; and evaluated the traffic impacts from 28 single-family dwelling units and 10
duplex dwelling units, a total of 38 dwelling units.
Findings, Conclusions and Decision File No. SUB-2017-0003 and APP-2017-0002 Page 3
17. The TIA estimated that the project would generate 382 average vehicle trips per day (ADT), 20 AM
peak hour trips and 38 PM peak hour trips on the City street system;using the Trip Generation Manual,
9th Edition, an authoritative publication relied on by traffic engineers.
18. The TIA focused on the weekday PM peak hour trips generated by the project at the intersections
scoped for study by the City Traffic Engineer. Turning movements and traffic volumes were taken at
the intersection of McDonald/Wellesley on Wednesday, June 14, 2017, between 4:45 p.m. and 5.45
p.m.; and at the intersection of Evergreen/Wellesley on Thursday, June 15, 2017, between 4:30 p.m.
and 5:30 p.m.
19. The existing PM peak hour traffic volumes at the subject intersections estimated by the TIA are
illustrated on Figure 3 of the TIA. The TIA determined the ambient (background) growth rate for
future traffic growth in the area, through consultation with City traffic engineering staff, as 1.5%per
year; which, compounded over the 5-year period between the date the TIA was prepared and 2022,
yields a growth rate of 7.7%.
20. The TIA was not required to consider traffic impacts from the only other development pending in the
area, the preliminary plat of Genevieve Estates (File No. SUB-2017-0004); because the application
for such project was submitted to the Department after the current application was submitted, and
would be responsible for traffic mitigation associated with such project.
21. The TIA estimated the distribution of the traffic to and from the project based on likely routes,existing
traffic distribution, and the location of services and employment in relation to the site.
22. The TIA estimated that 25%of the project traffic would be distributed north on Forker Road; and 75%
of the project traffic would be distributed south on Mayhew Road and Keller Road to Wellesley
Avenue, with 40% of the project traffic at Wellesley being distributed to and from the west, and 35%
to and from the east.
23. For the 35%of project traffic reaching the intersection of Evergreen/Wellesley,the TIA estimated that
approximately 5%would go to and from points further to the east, and 30% would go to and from the
south toward Trent Avenue (SR-290).
24. For the 40% of project traffic reaching the intersection of McDonald/Wellesley, the TIA estimated
that 5%would go to and from the west, and 35%would go to and from the south toward Trent Avenue
(SR-290).
25. The TIA used the procedures outlined in the Transportation Research Board s' Highway Capacity
Manual (HCM)-Special Report 2009, as implemented in the Highway Capacity Software (HCS)
version 7.1,to determine the respective LOS during the PM peak hour at the Evergreen/Wellesley and
McDonald/Wellesley intersections under existing conditions, after five (5) years without the project,
and after five (5) years with the project.
26. The TIA found that the project would add 15 new PM peak hour trips at the intersection of
McDonald/Wellesley, 13 new PM peak hour trips at the intersections of McDonald/Trent (290) and
Evergreen/Wellesley, and 11 new PM peak hour trips at the intersection of Evergreen/Trent(290).
27. The TIA determined that the LOS at the un-signalized Evergreen/Wellesley intersection during the
PM peak hour is currently LOS B; would be LOS C in 2022 without the project, and would be LOS C
in 2022 with the project.
Findings, Conclusions and Decision File No. SUB-2017-0003 and APP-2017-0002 Page 4
28. The TIA determined that the LOS at the un-signalized McDonald/Wellesley intersection during the
PM peak hour is currently LOS D, would be LOS D in 2022 without the project, and would be LOS
D in 2022 with the project.
29. The minimum LOS for an un-signalized intersection in the City,under the transportation concurrency
standard set forth in the Comprehensive Plan, is LOS E or better. The TIA found that the intersections
of McDonald/Wellesley and Evergreen/Wellesley easily met such standard, and traffic mitigation for
the project should be limited to frontage improvements along Mayhew Road and Keller Road. Refer
also to testimony of Ann Winkler.
30. Ray Wright, City Senior Traffic Engineer, reviewed the TIA and found it complete. Wright decided
to evaluate the traffic impacts of the project on an additional key intersection, the signalized
intersection of Evergreen Road/Trent Avenue(SR-290);considering that the City has a citywide traffic
model that is less than three (3) years old for high traffic volume intersections along Trent, and
evaluation of the intersection could be done with minimal effort by City engineering staff.
31. The City analysis relied on the trip generation and trip distribution data compiled for the project in the
TIA, and a background traffic growth rate of 1.5% per year, in estimating that the project would
generate 11 additional PM peak hour trips at the intersection of Evergreen/Trent(SR-290).
32. The City analysis found that the LOS at the intersection of Evergreen/Trent(SR-290) in the PM peak
hour in 2022, with background traffic growth, would be LOS B; which is much better than LOS D,
the minimum acceptable LOS adopted by the Comprehensive Plan for signalized intersections not
located on "major arterial corridors". Evergreen Road between Wellesley and Trent (SR-290) is not
considered a"major arterial corridor"under such standard. See page 5-85 of Comprehensive Plan,and
pages 1 and 2 attached to certificate of transportation concurrency issued by Ray Wright of City Traffic
Engineering on July 17, 2017.
33. On July 17,2017, Ray Wright issued a certificate of transportation concurrency for the project, for 38
new PM peak hour trips. Refer also to testimony of Ray Wright. The certificate indicates that it
replaces the certificate issued by City Engineering for a previous version of the project (Prairie Flats
preliminary plat) in File No. SUB-2013-0001, that was associated with the boundary line adjustment
in File No. BLA-2013-0013.
34. The Hearing Examiner found in the Order that the certificate of transportation concurrency issued for
the Prairie Flats preliminary plat in 2013 cannot be applied to the current application, because the
preliminary plat expired; and further, that the issuance of such certificate was inappropriate, because
a TIA should have been prepared for the preliminary plat instead of relying solely a trip generation
and distribution letter(TGDL).
35. The certificate of transportation concurrency issued for the project by Ray Wright on July 17, 2017
more accurately replaces the certificate of transportation issued for the project by Ray Wright on
April 28, 2017; which the Hearing Examiner found should not have been issued because the record
indicated that a TIA should have been prepared for the project. See Findings of Fact#s 91-102.
36. Several neighboring property owners residing along Keller Road,adjacent to or near the site,including
SEPA appellants Gregory McLain and Sheryl Moore, objected to the TIA prepared by Ann Winkler,
and the traffic analysis and certificate of transportation concurrency prepared and issued by Ray
Wright. This included the following contentions:
Traffic counts should have been taken over a 24-hour period, considered the high volume of truck
traffic along Evergreen Road during the AM peak hour and traffic generated by delivery trucks,
Findings, Conclusions and Decision File No. SUB-2017-0003 and APP-2017-0002 Page 5
considered traffic volume impacts along Mayhew Road and Keller Road, included school bus traffic
generated after 3:00 p.m.,been conducted during the school season between September and May,been
taken on Friday and Saturday instead of Tuesday and Wednesday, and considered the high volume of
traffic generated along Wellesley Avenue in the vicinity after soccer events at Plante's Ferry Park.
The TIA should have used a higher background traffic rate, i.e. 2.5%; and the trip distribution from
the project determined by the TIA conflicts with the trip distribution indicated in the TGDL prepared
for the Prairie Flats project by Ann Winkler, including a significantly higher distribution of traffic
along Keller Road and a proportionately much lower distribution of traffic along Mayhew Road.
The TIA assigns too high a percentage of project traffic to the north along Forker Road; the TIA
underestimates the ADT and the peak hour traffic generated by a duplex or single-family home; a high
deficiency in traffic capacity exists at the intersection of Evergreen/Wellesley; and the high volume of
ADT generated by the project and cumulative traffic impacts along Keller Road were not given enough
weight.
37 Such owners also expressed traffic safety concerns at the August 10, 2017 hearing session. This
included concerns regarding the narrow paved width and lack of sidewalks along Keller Road south
of the site, truck traffic in the area, conflicts between vehicles and domestic or wild animals, a high
accident rate at the intersection of Evergreen/Wellesley and the need for a traffic signal at such
intersection, school buses traveling along Keller Road, conflicts with the presence of school children
at the bus stop along Wellesley Avenue, and other concerns.
38. The TIA shows the same 25% of traffic from the project traveling north along Forker Road as the
TGDL prepared for the now defunct Prairie Flats project illustrated for such project;but shows a much
greater percentage (40%) of traffic from the project traveling south on Keller Road, and a
proportionately much lower percentage (35%) of traffic traveling south on Mayhew Road, than the
5% of traffic traveling south on Keller Road and the 70% of traffic traveling south on Mayhew Road
indicated in the TGDL letter for the Prairie Flats project.
39. Ann Winkler testified that she did a more refined trip distribution for the current project than for the
Prairie Flats project;which recognized that Keller Road is equally convenient to use as Mayhew Road
for residents in the project traveling between the project and Wellesley Avenue. More lots in the
project are closer to Keller Road than Mayhew Road. See preliminary plat map of record.
40. The trip distribution determined in the TIA along Keller Road and Mayhew Road results in a
significantly higher percentage of drivers using McDonald Road to reach Trent Avenue(SR-290)than
using Evergreen Road to reach Trent Avenue (SR-290), compared to the TDGL prepared for the
Prairie Flats project.
41. Ann Winkler provide expert testimony that traffic volumes are generally higher in the summer than
during the school months, traffic is typically higher in the PM peak hour between 4•nn and (.On n m,
when people are coming home from work; Tuesdays, Wednesdays and Thursdays are considered the
most appropriate days of the week to take traffic counts for a TIA; and recreational events occurring
on Saturday at Plante's Ferry will not cause the AM or PM peak hour to be higher on Saturday than
during the week because there would be a lower level of commuter traffic on Saturday and some of
the attendees would likely be residents in the project.
42. Ray Wright provided expert testimony that the 382 ADT generated by the project is not significant,
and represents an average of only one (1) vehicle every two (2) minutes; the 382 ADT indicates that
each of the 38 dwellings in the project would generate an average of 10 trips per day(recognizing lots
Findings, Conclusions and Decision File No. SUB-2017-0003 and APP-2017-0002 Page 6
with multiple drivers, mail and special deliveries, etc.); accident crash data for intersections impacted
by a project are reviewed over a 5-year period and yearly, and nothing stood out statistically in terms
of traffic safety for the intersections impacted by the project to consider the need for safety
improvements by the project.
43. The traffic-related contentions by neighboring property owners were not supported by competent,
expert traffic engineering testimony or evidence; and failed to rebut the professional traffic
engineering testimony and evidence submitted by Ray Wright and Ann Winkler, or the findings and
conclusions in the TIA and the certificate of transportation concurrency issued for the project.
44. The TIA was properly prepared, and the certificate of transportation concurrency was properly issued.
The project meets the transportation concurrency requirements set forth by the City in the
Comprehensive Plan and the 2009 street standards.
45. The project, as conditioned, will not have a significant probable adverse impact on traffic capacity or
safety, and the traffic mitigation recommended for the project is adequate and proportionate to the
impact of the project.
46. The project, as conditioned, makes appropriate provision for streets, sidewalks and other planning
features for children who walk to and from school.
47. The environmental checklist submitted by the applicant, and the DNS issued by the Department,
properly addressed the environmental impacts of the project.
48. The SEPA appellants failed to establish that the project, as conditioned, would have a significant,
probable, adverse impact on the environment. The procedural requirements of SEPA and SVMC Title
21 (Environmental Controls)have been met.
49. The Staff Report contains a detailed analysis of the consistency of the project with the Comprehensive
Plan, the development regulations of the SVMC, and the approval criteria for the preliminary plat set
forth in the SVMC. The Hearing Examiner adopts such findings and analysis by reference, as
supplemented above.
50. As conditioned, the preliminary plat application complies with the direct concurrency requirements
set forth in SVMC Chapter 21.20 (Concurrency).
51. The preliminary plat application, as conditioned, complies with the R-3 zone, subdivision, and other
requirements for land development set forth in the SVMC; and with other applicable development
regulations.
52. The preliminary plat and dedication, as conditioned, substantially conform to the Comprehensive Plan
and will serve the public use and interest.
53. The preliminary plat and dedication, as conditioned,make appropriate provision for the public health,
safety and general welfare; all other requirements found to be necessary and appropriate and for which
written standards and policies have been adopted; and open spaces, streets, alleys, drainage ways,
schools and school grounds,playgrounds,parks and recreation, sidewalks and other planning features
for children who only walk to and from school, noise and dust emissions, sanitary wastes and sewer,
public potable water supplies, easements, utilities, critical areas, and all other relevant facts as
specified in Section 58.17.110 of the Revised Code of Washington (RCW) and SVMC 20.20.100.
54. It is not appropriate or necessary to consider the alternative project designs proposed by Gregory
McLain,because the application complies with the approval criteria for a preliminary plat.
Findings, Conclusions and Decision File No. SUB-2017-0003 and APP-2017-0002 Page 7
Based on the above findings of fact, including the findings of fact in the Order adopted in this
decision, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW:
1. Any finding of fact above that is a conclusion of law is hereby deemed such. Any conclusion of law
below that is a finding of fact is hereby deemed such.
2. Minor revisions should be made to the conditions of approval; to assure proper formatting, clarity and
consistency with the findings of fact above.
3. The SEPA appeal should be denied.
4. The approval of the preliminary plat, as conditioned below, is appropriate under SVMC Title 20
(Subdivision Regulations), SVMC Chapter 18.20 (Hearing Examiner), and RCW Chapter 58.17.
IV. DECISION:
Based on the Findings of Fact and Conclusions of Law above, the subject application for a
preliminary plat is hereby approved, subject to compliance with the conditions of the various agencies
specified below. The SEPA appeal is denied.
Any conditions of approval of public agencies that have been added or significantly reworded by
the Examiner are italicized.
This approval does not waive the applicant's obligation to comply with all other requirements of
other public agencies with jurisdiction over land development.
Conditions of Approval:
The "applicant", as referenced in the conditions of approval below, shall be deemed to include the owner
and developer of the site, and their heirs, assigns and successors-in-interest.
The applicant shall comply with the following general conditions:
SPOKANE VALLEY PLANNING DIVISION:
1. The approved preliminary plat shall be designed in substantial conformance with the preliminary plat
map of record dated January 25, 2017, and have a maximum of 33 residential lots, unless a
preliminary plat modincation is approved pursuant to Chapter 20.50(Preliminary Plat, Short Plat, and
Binding Site Plat Alterations) of the Spokane Valley Municipal Code (SVMC).
2. Pursuant to SVMC 20.30.060 (Extensions of Time), an application form and supporting data for time
extension requests must be submitted to the Director at least 30 calendar days prior to the expiration
of the preliminary plat approval.
3. Pursuant to SVMC 20.20.050 (Prohibition Against Sale, Lease, or Transfer of Property), any sale,
lease, or transfer of any lot or parcel created pursuant to the SVMC that does not conform to the
requirements of the preliminary plat approval or that occurs without approval, shall be considered a
Findings, Conclusions and Decision File No. SUB-2017-0003 and APP-2017-0002 Page 8
violation of Chapter 58.17 of the Revised Code of Washington (RCW), and shall be restrained by
injunctive action and shall be illegal, as provided in RCW Chapter 58.17. Each sale, lease, or transfer
of each separate lot or parcel of land in violation of any provision of this ordinance shall be deemed a
separate and distinct offense.
4. SVMC 20.20.080 (Professional Land Surveyor) requires the preparation of all preliminary and final
subdivisions be made by or under the supervision of a professional land surveyor. The professional
land surveyor shall certify on the final plat that it is a true and correct representation of lands that were
surveyed. A survey is required for all final plats. All surveys shall comply with RCW Chapter 58.09
(Survey Recording Act) and Chapter 332-130 (Survey and Land Descriptions) of the Washington
Administrative Code(WAC).
5. SVMC 20.30.050 (Expiration of Preliminary Approval) provides that preliminary plat approval
automatically expires five (5) years after preliminary approval is granted, unless a time extension is
approved for the project. The expiration date for the current preliminary plat is October 6, 2022. If a
request for an extension of time is not timely submitted and approved,the preliminary approval expires
and the preliminary plat is null and void.
6. Pursuant to SVMC 20.40.30(Filing Short Plat,Plat, or Binding Site Plan),the City of Spokane Valley
shall record the final plat with the Spokane County Auditor's Office, upon receipt of all required
signatures on the face of the plat.
7. Pursuant to SVMC 20.80.040 (Recordation), all fees for recording shall be paid by the applicant prior
to recording.
Prior to or in conjunction with the submittal of a final plat for review by the Spokane Vallee Planning
Division, the applicant or successors in interest shall:
SPOKANE VALLEY PLANNING DIVISION:
1. Submit a final plat that complies with all submittal requirements specified in SVMC 20.40.
2. Include the following note in the fmal plat dedication:
"All lots within this plat shall comply with the building setback requirements, maximum
building height standard, maximum lot coverage standard, and other applicable lot
standards for the Single-Family Residential (R-3) zoning district or successor zoning
designation to the extent permitted by Washington State law in effect at the time of building
permit application."
SPOKANE VALLEY BUILDING DIVISION:
1. The following addresses have been assigned and shall be designated on the fmal plat:
Findings, Conclusions and Decision File No. SUB-2017-0003 and APP-2017-0002 Page 9
Block/Lot Address Alternate Address
Block 1
•
Lot 1 13403 E Crown Avenue 5310 N Keller Road
Lot 2 13409 E Crown Avenue
Lot 3 13415E Crown Avenue _
Lot 4 13421E Crown Avenue _
Lot 5 13425 E Crown Avenue
Lot 6 13501 E Crown Avenue
Lot 7 13507 E Crown Avenue
Lot 8 , 13515 E Crown Avenue
Block 2
Lot 1 13404 E Crown Avenue 5222 N Keller Road
Lot 2 13408 E Crown Avenue
Lot 3 _ 13412 E Crown Avenue _
Lot 4 13418 E Crown Avenue
Lot 5 13426 E Crown Avenue 5225 N Blake Street
Block 3
Lot 1 13504 E Crown Avenue 5224 N Blake Street
Lot 2 13510E Crown Avenue
Block 4
Lot 1 5221 N Blake Street
Lot 2 5209 N Blake Street
Lot 3 _ 5205 N Blake Street _
Lot 4 5203 N Blake Street
Lot 5 5127 N Blake Street _
Lot 6 5119 N Blake Street
Block 5
Lot 1 5212 N Blake Street
Lot 2 5208 N Blake Street
Lot 3 5202 N Blake Street 13503 E Queen Avenue
Lot 4 13509 E Crown Avenue
Lot 5 13513 E Crown Avenue
Lot 6 , 13521 E Crown Avenue
Lot 7 13525 E Crown Avenue 5201 N Mayhew Road
Block 5
Lot 1 13506 E Crown Avenue
Lot 2 13508 E Crown Avenue
' Lot 3 13516E Crown Avenue
Lot 4 13522 E Crown Avenue
Lot 5 ; 13526 E Crown Avenue 5215 N Mayhew Road
SPOKANE VALLEY DEVELOPMENT ENGINEERING DIVISION:
1. A Professional Engineer, licensed in the State of Washington, shall prepare required engineering
documents (including civil/street plans, drainage plans, drainage calculations, traffic studies, shared
Findings, Conclusions and Decision File No. SUB-2017-0003 and APP-2017-0002 Page 10
access driveway plans, etc.). Plans shall conform to the 2009 City of Spokane Valley Street Standards
(SVSS) or as amended; the 2008 Spokane Regional Stormwater Manual (SRSM) or as amended; the
SVMC; and all other federal, state, and local regulations, as applicable.
2. The review of civil plans and supporting documents cannot proceed until an application for a Land
Disturbance permit has been received. All documents (plans, reports, etc.) shall be submitted through
the Building Department Permit Center located at 10210 E. Sprague Avenue.
3. Mayhew Road and Keller Road are designated as Local Access streets, and frontage improvements
are required along such streets per SVSS Chapter 2 and are described below. Existing utilities shall be
relocated to 2 feet behind the sidewalk.
a. 15 feet of asphalt width from street centerline to edge of gutter.
b. 2-foot wide Type "B"curb and gutter per SVSS Standard Plan R-120.
c. 10-foot wide roadside swale per SVSS Standard Plan R-130. The installation of seed/grass in the
roadside swale, and maintenance of the swale.
d. 5-foot wide concrete sidewalk per SVSS Standard Plan R-103.
4. The following factors determine the right-of-way(ROW)and border easement dedications for a Local
Access Street per SVSS Standard Plan R-120. All information is estimated from the Spokane County
Assessor's Office. The applicant is responsible for verifying all values listed below.
a. For Mayhew and Keller Road, the existing half ROW width is 15 feet.
b. The required half ROW width is 19 feet.
i. A 4-foot ROW dedication is required.
c. A Border Easement is required, and shall extend from the ROW to the back of the sidewalk.
i. A 13-foot wide border easement is required.Note: building setbacks begin at the edge of the
border easement.
5. The internal streets shall be designated and designed as local access public streets per Typical Street
Section R-120. Any ROW and/or border easement dedications shall be designated on the final plat
language and map. Where the streets end at the plat boundary, the ROW and border easements shall
continue to the plat boundary.
6. Full cul-de-sacs or temporary turnarounds shall be provided at the ends of streets longer than 150 feet.
Cul-de-sacs shall be designed per Standard Plan R-130, and temporary turnarounds shall be designed
per Standard Plan R-132. A turnaround shall be provided at the east end of Crown Avenue.
7. A Homeowner's Association(HOA) is required for the perpetual operation and maintenance of Tract
"A". A draft copy of the Covenants, Conditions, and Restrictions (CC&Rs) for the HOA shall be
submitted with the initial submittal of the design plans.
8. An Operations and Maintenance Manual (OM&M) for Tract "A", per SRSM Chapter 11, shall be
submitted with the initial submittal of the design plans.
9. Lot 6, Block 4 shall provide an access easement from Blake Street to Tract"A".
10. In accordance with Section 19.40.020 (Residential Standards) of the SVMC, all residential driveways
shall be paved. Private driveways shall conform to SVSS Section 7.3.4.
Findings, Conclusions and Decision File No. SUB-2017-0003 and APP-2017-0002 Page 11
11. All stormwater facilities shall be designed per the SRSM. Linear roadside facilities such as swales
shall be located within the ROW and/or border easements when adjacent to public streets or within a
tract or easement when adjacent to a private street or driveway serving more than one lot.Non-roadside
facilities such as ponds (especially consolidated ponds, which are those receiving runoff from more
than one lot), shall be within a tract per SRSM 11.2.
12. For the General Construction Notes, use those in the SVSS Appendix 4A and not those in the SRSM
Appendix 3B.
13. Show all utilities and utility easements (i.e., telephone, power, etc.). The permittee is responsible for
arranging all utility adjustments, improvements, or relocations as required for completion of the
project. All rigid objects shall be located out of the clear zone. The clear zone requirements can be
found in the 2009 SVSS, or as amended. The permittee shall contact every utility purveyor impacted
by the project and conduct each of the following:
a. Discuss with the purveyor the proposed work, including private services, utility improvements,
and any relocations and adjustments as well as the costs for these activities;
b. When utility relocations are required, obtain from the purveyor a written statement that they
acknowledge and concur with or have alternatives for the needed work; and
c. Forward a copy of the statement to Spokane Valley Development Engineering. The receipt of
statements will be required prior to plan approval.
14. If sewer and/or water needs to be brought to the properties, and this requires an engineering design,
copies of the approved sewer and water plans shall be submitted to Development Engineering. The
civil plans for the project shall show the extents of pavement removal and replacement.
15. All new drywells and other injection wells shall be registered with the Underground Injection Control
(UIC)program at the Washington State Department of Ecology(WDOE),prior to use. The discharge
from the well(s)must comply with the groundwater quality requirement(nonendangerment standard)
at the top of the groundwater table. For registration forms and further information, contact the UIC
staff at UIC Program, WDOE, PO Box 47600, Olympia, WA 98504-7600; (360) 407-6143; or online
at:
ht t p://www.ec\.wa.4 ov/programs/wg/grudwtr/uic/UIConlinere 2is.htm
Copies of the registration for drywells that receive public road stormwater runoff shall be sent to
Development Engineering. The City of Spokane Valley National Pollutant Discharge Elimination
System(NPDES) Permit Number is WAR04-6507.
16. A Construction Stormwater Permit shall be obtained from the WDOE,if the following conditions both
apply:
a. The construction project disturbs one (1) or more acres of land (area is the cumulative acreage of
the entire project, whether in a single or in a multiphase project), and
b. Stormwater could possibly run off the site during construction and into surface waters of the state,
or into conveyance systems leading to surface waters of the state.
Construction site operators must apply for a permit at least 60 days prior to discharging stormwater.
More information can be obtained online at:
hi tp://www.ecy.wa.gov/programs/wq/stormwater/construction/
Findings, Conclusions and Decision File No. SUB-2017-0003 and APP-2017-0002 Page 12
SPOKANE COUNTY ENVIRONMENTAL SERVICES DEPARTMENT:
1. The final plat dedication shall state:
"Public sewers shall be constructed to provide for the connection of each parcel to the
County's system of sewerage. Uses on properties within the project shall be required to
connect to the sewer and pay applicable charges per the County Sewer Ordinance. Sewer
connection permits shall be required. All existing uses, not currently connected to the
sanitary sewer system, are required to be connected."
2. The applicant shall submit expressly to the Spokane County Environmental Services Department
(Department), for review and approval, and under a separate cover, only those plan sheets showing
sewer plans and specifications for the public sewer connections and facilities. Prior to plan submittal,
the applicant shall contact Chris Knudson or Colin Depner at 477-3604 to discuss details of the sewer
plans.
3. Sewer plans acceptable to the Department shall be submitted prior to the submittal of a final plat.
4. Security shall be deposited with the Department for the construction of the public sewer connection
and facilities and for the prescribed warranty period. Security shall be in a form acceptable to the
Department and in accordance with the Spokane County Sanitary Sewer Ordinance.
5. Security will be submitted to the Department prior to approval of the Sewer Design Plans.
6. Any water service for this project shall be provided in accordance with the Coordinated Water System
Plan for Spokane County, as amended.
SPOKANE REGIONAL HEALTH DISTRICT:
1. The final plat shall be designed substantially as indicated on the preliminary plat of record and/or any
attached sheets as noted.
2. Appropriate utility easements shall be indicated on copies of the preliminary plat of record for
distribution by the City Planning Division to the utility companies, the Spokane Valley Engineer, and
the Spokane Regional Health District.
3. Sewage disposal method shall be as authorized by the Director of Environmental Services, Spokane
County.
4. Water service shall be coordinated through the Director of Environmental Services, Spokane County.
5. Water service shall be by an existing public water supply when approved by the Regional Engineer
(Spokane), State Department of Health.
6. Prior to filing the final plat,the applicant shall demonstrate to the satisfaction of the Spokane Regional
Health District that an adequate and potable water supply is available to each lot of the plat.
7. Prior to filing the final plat, the applicant shall present evidence that the plat lies within the recorded
service area of the water system proposed to serve the plat.
8. A public sewer system shall be made available for the plat and individual service provided to each lot
prior to sale. The use of individual on-site sewage disposal systems shall not be authorized.
9. The final plat dedication shall state:
Findings, Conclusions and Decision File No. SUB-2017-0003 and APP-2017-0002 Page 13
"A public sewer system will be made available for the plat and individual service will be
provided to each lot prior to sale. Use of individual on-site sewage disposal systems shall
not be authorized."
10. The final plat dedication shall state: "Use of private wells and water systems is prohibited."
11. The final plat dedication shall state:
"The public water system, pursuant to the Water Plan approved by Regional and State
health authorities, the local fire protection district, County Building and Planning
Department and water purveyor,shall be installed within this subdivision,and the applicant
shall provide for individual domestic water service as well as fire protection to each lot
prior to sale of each lot and prior to issuance of a building permit for each lot."
SPOKANE COUNTY FIRE DISTRICT 1 (SPOKANE VALLEY FIRE DEPARTMENT):
1. Two (2) new fire hydrants are required on the east side of the intersections of Crown Avenue and
Blake Street, and Queen Avenue and Blake Street.
a. Hydrants shall stand plumb. The traffic breakaway flange shall be set at the finished curb/grade
elevation with the lowest outlet of the hydrant no less than 18 inches above the curb grade. There
shall be a clear area around the hydrant of not less than 36 inches as measured from the outside
edge of the barrel or outlet ports, whichever is greater, for clearance of a hydrant wrench on both
outlets and the control valve.
b. The fire hydrant shall have a minimum of three outlets, one 4-1/2 inch inside diameter pumper
outlet with Storz and two 2-1/2 inch inside diameter outlets.Threads on all outlets shall be National
Standard Thread(NST).
c. The pumper port shall face the street.Where the street cannot be clearly defined or recognized,the
port shall face the most likely route of approach and location of the fire apparatus while pumping,
as determined by the local fire protection authority.
2. Provide a water plan showing location of required hydrant and size of water main.
3. Addresses shall be posted so they are visible from the access road during and after construction.
Numbers shall be a minimum of 4 inches tall and contrasting to the background.
AVISTA UTILITIES:
1. The final plat dedication shall state:
"Easements for 'dry' utilities (electric, gas,phone, fiber, cable TV) as shown on the herein
described plat are hereby dedicated for the use of serving utility companies for the
construction, reconstruction, maintenance, protection, inspection, and operation of their
respective facilities, together with the right to prohibit changes in grade over installed
underground facilities; and the right to prohibit brick,rock, or masonry structures that may
interfere with the construction,reconstruction,reliability,maintenance, and safe operation
of same. Storm drain drywells and water meter boxes shall not be placed within the 'dry'
easements;however, lateral crossings by storm drain,water, and sewer lines are permitted."
2. Serving utilities reserve the right to cross border easements.The final plat shall include a 10-foot utility
easement behind the border easement along the public roads.
Findings, Conclusions and Decision File No. SUB-2017-0003 and APP-2017-0002 Page 14
Prior to or durin 7 on-site construction the a•i licant or successors in interest shall:
SPOKANE VALLEY PLANNING DIVISION:
1. Upon any discovery of potential or known archaeological resources at the subject property prior to or
during future on-site construction, the developer, contractor, and/or any other parties involved in
construction shall immediately cease all on-site construction; shall act to protect the protect the
potential or known historical and cultural resources area from outside intrusion; and shall notify,
within a maximum period of 24 hours from the time of discovery, the City of Spokane Valley
Community and Economic Development Department of said discovery.
SPOKANE TRIBE OF INDIANS:
1. A Cultural Resource Survey and an Inadvertent Discovery plan shall be prepared prior to any grading
or construction activity. The applicant shall coordinate with the Spokane Tribe of Indians to conduct
the survey and shall submit the survey, along with verification of the Tribe's acceptance, to the City.
SPOKANE VALLEY DEVELOPMENT ENGINEERING DIVISION:
1. A pre-construction conference with Development Engineering is required prior to the start of
construction. During this meeting, standards and submittal requirements for the Construction
Certification will be given to the project engineer/inspector.
2. For construction affecting public ROW, 48 hours prior to construction securely post a sign at each
point of ingress to the project area. Sign is to be clearly visible from the ROW and to provide project
construction details. See SVSS Section 9.7 of the Street Standards.
3. Permits are required for any access to or work within the ROW of the Spokane Valley roadway system.
A traffic control plan shall accompany the ROW obstruction permit.
4. Temporary Erosion and Sedimentation Control(TESC)structures(e.g.,filter fence,silt ponds,and silt
traps) shall be installed prior to the start of site work and maintained throughout the duration of
construction and until the site has stabilized.
5. All survey monuments shall be protected during construction. Any disturbed or damaged monuments
shall be replaced prior to certification/final plat and/or release of surety.
6. Construction within the proposed public streets and easements shall be performed under the direct
supervision of a licensed Washington State Professional Engineer/Land Surveyor. All work is subject
to inspection by the City Senior Development Engineer or designee.
7. Upon completion of the improvements, a Construction Certification package and record drawings are
required for the improvements and shall be submitted and approved prior to final plat approval per
SVSS Chapter 9.
8. All public improvements shall provide a Performance/Warranty Surety per SVSS Chapter 9.
WASHINGTON STATE DEPARTMENT OF ECOLOGY:
1. Proper erosion and sediment control practices must be used on the construction site and adjacent areas,
to prevent upland sediments from entering surface water. Local stormwater ordinances will provide
specific requirements. Refer also to the Stormwater Management Manual for Eastern Washington,
available online at:
http://www.ecy.wa.gov/programs/wq/stormwater/eastern manual/manual.html.
Findings, Conclusions and Decision File No. SUB-2017-0003 and APP-2017-0002 Page 15
All ground disturbed by construction activities must be stabilized. When appropriate, use native
vegetation typical of the site.
2. All new drywells and other injection wells shall be registered with the UIC program at the WDOE
prior to use and the discharge from the well(s)must comply with the groundwater quality requirement
(nonendangerment standard) at the top of the groundwater table. For registration forms and further
information, contact the UIC staff at UIC Program, WDOE, PO Box 47600, Olympia, WA 98504-
7600; (360)407-6143; or online at:
http://www.ec v.wa.gov/programs/wg/grndwtr/uic/UlConlinere{ is.htm
3. Stormwater runoff may contain increased levels of grease, oils, s3ediment, and other debris.
Stormwater best management practices (BMPs) should be installed and maintained so that any
discharge will be appropriately treated to remove these substances.
4. Routine inspections and maintenance of all erosion and sediment control BMPs are recommended
both during and after development of the site.
5. A Stormwater Pollution Prevention Plan for the project site may be required and should be developed
by a qualified person(s).Erosion and sediment control measures in the plan must be implemented prior
to any clearing,grading,or construction. These control measures must be effective to prevent soil from
being carried into surface water by stormwater runoff. Sand, silt, and soil can damage aquatic habitat
and are considered pollutants. The plan must be upgraded as necessary during the construction period.
6. Proper disposal of construction debris must be in such a manner that debris cannot enter the natural
stormwater drainage system or cause water quality degradation of surface waters. Dumpsters and
refuse collection containers shall be durable, corrosion resistant,nonabsorbent,non-leaking, and have
close fitting covers. If spillage or leakage does occur, the waste shall be picked up immediately and
returned to the container and the area properly cleaned.
7. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of
its water rights. If the proposal's actions are different than the existing water right (source, purpose,
the place of use, or period of use), then it is subject to approval from the WDOE pursuant to Sections
90.03.380 RCW and RCW 90.44.100. Please contact Herm Spangle at (509) 329-3488 or at
herm.spangle@ecy.wa.gov for more information.
SPOKANE REGIONAL CLEAN AIR AGENCY:
1. Dust emissions during demolition, construction, and excavation projects shall be controlled.
Appropriate measures shall include but are not limited to the use of water sprays, tarps, sprinklers, or
suspension of activity during certain weather conditions.
2. Measures shall be taken to avoid the deposition of dirt and mud from unpaved surfaces onto paved
surfaces. If tracking or spills occur on paved surfaces, measures must be taken immediately to clean
these surfaces.
3. Debris generated by the project shall be disposed of by means other than burning.
4. If objectionable odors result from this project, effective control apparatus and measures shall be taken
to reduce odors to a minimum.
5. A Notice of Construction and Application for Approval shall be submitted and approved by Spokane
County Air Pollution Control Authority (SCAPCA) prior to the construction, installation, or
establishment of an air pollution source. This includes emergency generators rated at 500 hp(375 kW)
Findings, Conclusions and Decision File No. SUB-2017-0003 and APP-2017-0002 Page 16
or higher, natural gas heating equipment units rated at 4 MMBTR/hour or higher(input), and heating
equipment units fired with other fuels (e.g. diesel) rated at 1 MMBTU/hour(input) or higher. Contact
Spokane Clean Air for a Notice of Application.
Prior to or at the time of final plat:
1. ROW dedication and border easements shall be designated on the final plat map.
2. If applicable, the HOA's Unified Business Identifier(UBI)number shall be referenced on the face of
the final plat.
3. Plat language will be determined at the time of final plat submittal. Contact Development Engineering
after civil plan approval and/or prior to first submittal of final plat to obtain plat language.
DATED this 6th day of October, 2017
SPOKANE VALLEY HEARING EXAMINER
,,/Y)/ZaJ
Michael C. Dempsey, WSBA#8235
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to SVMC Chapter 17.90 and Chapter 36.70C of the Revised Code of Washington
(RCW), the decision of the Hearing Examiner on an application for a preliminary plat is final and
conclusive unless within 21 calendar days from the date of issuance of the Examiner's decision a
party with standing files a land use petition in Superior Court, pursuant to RCW Chapter 36.70C.
Pursuant to RCW Chapter 36.70C,the date of issuance of the Hearing Examiner's decision is three
(3) days after it is mailed.
On October 6, 2017, a copy of this decision will be mailed by regular mail to the Applicant,
and to all government agencies and persons entitled to notice under SVMC 17.80.130(4). The date
of issuance of the Hearing Examiner's decision will be October 9,2017.THE CLOSING DATE TO
APPEAL THIS PRELIMINARY PLAT DECISION IS OCTOBER 30. 2017.
The complete record in this matter is on file during the appeal period with the Office of the
Hearing Examiner, Third Floor, Public Works Building, 1026 W. Broadway Avenue, Spokane,
Washington, 99260-0245; and may be inspected by contacting Kim Thompson at (509) 477-7490.
The file may be inspected during normal working hours, listed as Monday-Friday of each week,
except holidays, between the hours of 8:00 a.m. and 4:30 p.m.After the appeal period, the file may
be inspected at the City of Spokane Valley Community Development Department-Planning
Division, 11707 E. Sprague Avenue, Spokane Valley,WA,99206; by contacting Martin Palaniuk at
(509) 720-5031. Copies of the documents in the record will be made available at the cost set by the
City of Spokane Valley.
Pursuant to RCW 36.70B.130, affected property owners may request a change in valuation
for property tax purposes notwithstanding any program of revaluation.
Findings, Conclusions and Decision File No. SUB-2017-0003 and APP-2017-0002 Page 17